Terms and Conditions
Last updated August 17, 2018
1. Copyright and Proprietary Rights
The text, images, trademarks, data, audio files, video files and clips, software, documentation or other information contained in these files, and other content on the Websites (collectively, the “Materials”) are proprietary to the Museum or its licensors. Copyright and other proprietary rights may be held by individuals or entities other than, or in addition to, the Museum.
Many of the trademarks, service marks, and logos (collectively, the “Trademarks”) displayed on the Websites are registered and/or unregistered marks of the Perot Museum of Nature and Science. The Trademarks of third parties may also be displayed on the Websites. Nothing contained in the Websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Websites without the express written permission of the Museum or any third party that may own the Trademarks displayed on the Websites. Any unauthorized use of the Trademarks or any other Materials, except as authorized in these Terms and Conditions, is strictly prohibited.
3. Authorized Uses
Materials the Museum believes to be under copyright or other restrictions are available for limited noncommercial, educational, and personal use only, or for fair use as defined in the United States copyright laws. Users may download these files for their own use, subject to any additional terms or restrictions which may be applicable to the individual file or program. Users must, however, cite the author and source of the Materials as they would material from any work, and the citations should include the URL “www.perotmuseum.org,” but not in any way that implies endorsement of the user or the user’s use of the Materials. By downloading, printing, or otherwise using Materials, whether accessed directly from the Websites or via other sites or mechanisms, users agree that they will limit their use of such files to non-commercial, educational, personal or for fair use, and will not violate the Museum’s or any other party’s proprietary rights. Users may not remove any copyright, trademark, or other proprietary notices, including without limitation attribution information, credits, and copyright notices that have been placed on or near the Materials by the Museum. Downloading, printing, copying, distributing or otherwise using Materials for commercial purposes, including commercial publication or personal gain, is expressly prohibited. All rights not expressly granted herein by the Museum are specifically and completely reserved, unless the Material is identified by a CC0 icon (Creative Commons Zero (CC0) icon).
The Museum does not warrant that use of any Materials displayed on the Websites will not infringe the rights of third parties not owned by or affiliated with the Museum. For example, some works may be under copyright by a third holding rights to these works, or may include third-party trademarks or rights of publicity. Such works may not be used in any form; they may not be copied or downloaded without prior permission from the holder of the underlying rights.
By creating accounts and passwords on the Websites, users agree to maintain the confidentiality of their login credentials and are responsible for restricting access to their personal computer and mobile devices. User agrees to use the Websites for lawful purposes only and will not participate in any action that will compromise the security of the Websites or damage the Websites and their content.
5. Purchasing on the Websites
The Museum has the right to refuse, limit, or cancel any orders placed on the Websites. Errors in pricing or description are subject to correction and may be adjusted at any time. Errors in order processing are also subject to correction. A user must be 18 or older to make a purchase on the Websites.
6. AUTOMATIC RENEWAL OF MEMBERSHIP
When purchasing a membership, you may be provided an option to turn on the automatic renewal of your membership. If you choose to participate in the automatic renewal program, your membership will continue indefinitely until cancelled by you. After your initial membership period, and again after any subsequent membership period, your membership will automatically continue for an additional equivalent period, at the then current standard rate for your membership level. The Museum will send you a reminder 7 days prior to the annual renewal date at the email or mailing address provided on your account, and you may affirmatively opt out of the renewal program at that time. If at any time you do not wish your account to renew automatically, or if you want to change or terminate your membership, you must notify the Museum by phone at 214.756.5751, by email at firstname.lastname@example.org, in person, by mail to Perot Museum of Nature and Science, ATTN: Membership, 2201 Field St., Dallas, TX 75201, or by logging into your member account page and opting out of the automatic renewal program.
If you cancel your membership / opt out of the automatic renewal program, you may use your membership until the end of your then-current membership term; your membership will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the membership fee paid for the then-current membership period. By signing up for the automatic renewal program, you authorize the Museum to charge your payment method now and again at the beginning of any subsequent membership period. You also authorize the Museum to charge you for any sales or similar taxes that may be imposed on your membership payments. Upon the renewal of your membership, if the Museum does not receive payment from your payment method provider, you agree to pay all amounts due on your account upon demand and/or you agree that the Museum may either terminate or suspend your membership and continue to attempt to charge your payment method provider until payment is received (upon receipt of payment, your membership will be activated and for purposes of automatic renewal, your new membership period will begin as of the day payment was received).
Please note: If you opt in, your Automatic Renewal Program enrollment will be reflected on your member profile page in 48-72 hours. In order to ensure you receive notifications about your enrollment, please add email@example.com to your contacts through your email service provider.
8. Links to Third-Party Sites
The Museum has not reviewed all of the sites linked to or from the Websites and is not responsible for the content or privacy policies of any off-site pages or other sites linked to or from the Websites. The Museum provides these links as a convenience, and linking to any off-site pages or other sites is at the user’s own risk. A link does not imply endorsement or affiliation with the linked site by the Museum.
9. Disclaimer of Warranties
Without limiting the foregoing, all Materials on the Websites are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, COPYRIGHT OWNERSHIP AND/OR NON-INFRINGEMENT OR OTHER THIRD PARTY PROPRIETARY RIGHTS. The Museum may update, change, or delete content at any time. The Museum makes reasonable, ongoing efforts to revise and update the Websites, but does not warrant that the Websites will provide continuous, prompt, secure, or error-free service, and assumes no responsibility for any errors or omissions, including the inaccuracy of content, or for any damages or losses that users or any third party may incur as a result of the unavailability of the Websites. The Museum assumes no responsibility, and shall not be liable for, any damages to or viruses that may infect a user’s computer equipment or other property resulting from use of the Websites or downloading of any Materials from the Websites. At its discretion the Museum may discontinue or take down the Websites or any section or Material within the Websites at any time.
10. Limitation of Liability
NEITHER THE MUSEUM, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF THE MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO USE OF THE WEBSITES, CONTENT, AND/OR COMPILATION.
The user agrees to indemnify, defend, and hold the Museum and its respective supervisors, trustees, officers, agents, and employees harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of or operation of the Websites or any of its Materials.
12. Entire Agreement; Severance; Waiver
13. Applicable Law and Jurisdiction
These Terms and Conditions and any amendments thereto shall be governed and construed in accordance with the laws of the State of Texas, without regard to principles of conflicts of laws. Any dispute arising out of, in connection with, or related to this Agreement shall be brought in any Federal or State court located in Dallas County and the State of Texas, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.
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